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FERGUSON v. SHEA

No. C0-85-373.

374 N.W.2d 575 (1985)

Ray FERGUSON, Appellant, v. Frances SHEA, Respondent.

Court of Appeals of Minnesota.

October 1, 1985.

Attorney(s) appearing for the Case

Faricy & Dunn, Raymond W. Faricy, Timothy W.J. Dunn, St. Paul, for appellant.

Erickson, Casey, Erickson & Charpentier, John H. Erickson, Brainerd, for respondent.

Heard, considered and decided by WOZNIAK, P.J., and PARKER and LESLIE, JJ.

OPINION

LESLIE, Judge.

Ray Ferguson seeks a partition of real and personal property owned by Frances Shea, alleging that he is entitled to one-half of the property under a constructive trust theory. The trial court found Ferguson had no interest in the property and awarded Shea attorney fees and costs. We affirm the denial of the partition and reverse the award of attorney fees and costs.

FACTS

In 1971, Shea purchased Wigwam Bay Resort...

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